Order dated 24.04.2019 of the Hon’ble High Court of Calcutta, Circuit Bench at Jalpaiguri- WP No. 5027 of 2019 in the matter of Gorkha Janmukti Morcha and anr Vs. the Election Commission of India & Ors.-reg

In pursuance of sub-rule (2) of Rule-11 of the Conduct of Elections Rules, 1961, the list of contesting candidates for the Parliamentary Constituencies Scheduled for poll on 29th April, 2019 for the General Election to Lok Sabha, 2019

In pursuance of sub-rule (2) of Rule-11 of the Conduct of Elections Rules, 1961, the list of contesting candidates for the Parliamentary Constituencies Scheduled for poll on 23rd April, 2019 for the General Election to Lok Sabha, 2019

"..........आज साज़िश हो रही है पूर्णिंया में। मैं आप सब को चेतावनी देने आया हूँ मुस्लिम भाईयों आप 64 प्रतिशत आबादी हो यहाॅं पे। मेरे मुसलमान भाई जितने भी हैं वो ये मेरी पगड़ी है। आप सब लोग पंजाब मे भी काम करने जाते हो पंजाब में हमारी तरफ से प्यार मिलता है, मेहमां जो हमारा होता है जान से प्यारा होता है। अगर आपको कोई दिक्कत हो पंजाब में मैं मंत्री हूं जिस दिन पंजाब आईयेगा सिद्धू को अपने साथ खड़ा पाईयेगा कंधे से कंधा मिलाकर खड़ा पाईयेगा लेकिन मै आपको चेतावनी देने आया हूंॅ बहनों भाईयों ये बाॅंट रहे हैं आपको। मुस्लिम भाईयों वो यहाॅं पे आपको ओबैसी साहब जैसे लोगों को लाकर एक नई पार्टी साथ में खड़ी करके आप लोगों की वोटें बाॅंट के ये जीतना चाहते है। अगर तुम लोग इकट्ठे हुए 64 प्रतिशत आपकी आबादी है Minority Majority में है यहां पे यदि तुम इकट्ठे हुए और इकट्ठे होकर एकजुट वोट डाला तो सब उलट जायेंगे मोदी सुलट जायेगा छक्का लग जायेगा......."; and
Whereas, it has been informed that FIR has been lodged against you for these statements under relevant sections of Law in Barsoi Police Station of Katihar District ; and
Whereas, your said statement has been widely published in the electronic and print media; and
Whereas, Para (3) of part I ‘General Conduct’ of “Model Code of Conduct for the guidance of Political Parties and Candidates”, inter-alia, provides that there shall be no appeal to caste or communal feelings for securing votes, and Para (4) of the said part I provides that all parties and candidates shall avoid scrupulously all activities which are corrupt practices and offences under the election law; and
Whereas, sub-section (3) of Section 123 of the Representation of the People Act, 1951, which deals with ‘Corrupt Practices’ provides:
“The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate….”; and
Whereas, the Hon’ble Supreme Court of India, vide judgement and Order dated 2.1.2017, in CivilAppeal No 37 of 1992 (Abhiram Singh vs C. D. Commachen), with Civil Appeal No.8339 of 1995, has held that Religion and Caste cannot be used by anyone while making any statement during electioneering or otherwise; and
Whereas, the Commission is prima facie of the opinion that you have violated the aforesaid provisions of the MCC and the R. P. Act,1951 and also wilfully disobeyed the aforesaid Order of Hon'ble Supreme Court by making the impugned statements;
Now, therefore, the Commission, after considering the available material and extant instructions on the matter, has decided to provide you an opportunity to explain your stand regarding the said statement. Your explanation shall be submitted within 24 hours of receipt of this Notice, failing which the Commission shall take a decision without further reference to you.

Subject: General Elections to the House of People, 2019 – Change of polling timing-Reg.
Sir,
I am directed to forward herewith a copy of the Commission’s Notification No. 464/EPS/2019(3) dated 19th April, 2019 regarding change of hours of poll in respect of 3-Anantnag Parliamentary Constituency.
You are requested to kindly make the necessary arrangements for its publication in State Gazette. Wide publicity be given through all possible media and the political parties should be informed in writing.
Kindly acknowledge the receipt of this letter.
Yours faithfully,
(SUMIT MUKHERJEE)
PRINCIPAL SECRETARY

TO BE PUBLSIHED IN AN EXTRAORDINARY GAZETTE OF INDIA, PART-II, SECTION 3(iii) IMMEDIATELY.
TO BE RE-PUBLSIHED IN AN EXTRAORDINARY GAZETTE OF JAMMU & KASHMIR STATE IMMEDIATELY.

WHEREAS, the Election Commission of India by Notification No. 464/EPS/2019(3), dated 28th March, 2019 issued under Section 30 read with Section 56 of the Representation of the People Act, 1951 (43 of 1951) has fixed the hours of poll in respect of 3-Anantnag Parliamentary Constituency in the State of Jammu and Kashmir from 7.00 A.M. to 6.00 P.M.; and
WHEREAS, after considering the reports of District Administration, Police Administration, Observers and Chief Electoral Officer and taking into account all material circumstances including law and order situation comprised within the said 3-Anantnag Parliamentary Constituency in the State of Jammu and Kashmir.
Now, therefore, in exercise of the powers conferred by Section 56 of the Representation of the People Act, 1951 read with Section 21 of the General Clauses Act, 1897 (10 of 1897), the Election Commission of India hereby makes the following amendments in its notification dated 28th March, 2019 referred to above, namely:-
In the Table of the SCHEDULE appended to the said notification, against 3-Anantnag Parliamentary Constituency in the State of Jammu & Kashmir, for the existing entries in column 4, , following entries shall respectively be substituted:-
State
Parliamentary Constituency/Assembly Constituency segment
Date of Poll
Hours of poll
1
2
3
4
Jammu & Kashmir
In all the Polling Stations falling in Anantnag District.
23rd April, 2019 (Tuesday)
07.00 A.M. to 4.00 P.M.
In all the Polling Stations falling in Kulgam District.
29th April, 2019 (Monday)
07.00 A.M. to 4.00 P.M.
In all the Polling Stations falling in Shopian & Pulwama Districts.
6th May, 2019 (Monday)
07.00 A.M. to 4.00 P.M.

In pursuance of sub-rule (2) of Rule-11 of the Conduct of Elections Rules, 1961, the list of contesting candidates for the Parliamentary Constituencies Scheduled for poll on 23rd April, 2019 for the General Election to Lok Sabha, 2019 is published for general information.

Commission's order to
Smt. Maneka Sanjay Gandhi,Minister for Women & Child Development, Govt. of India
Sh. Azam Khan,
Leader of Samajwadi Party
Commission's letter to
Chief Electoral Officers of All the States and the Union Territories.

Commission's order to
Ms. Mayawati, National President, Bahujan Samaj Party
Sh. Yogi Adityanath,Chief Minister, Govt. of Uttar Pradesh
Commission's letter to
Chief Electoral Officers of All the States and the Union Territories.

In pursuance of sub-rule (2) of Rule-11 of the Conduct of Elections Rules, 1961, the list of contesting candidates for the Parliamentary Constituencies Scheduled for poll on 18th April, 2019 for the General Election to Lok Sabha, 2019 is published for general information

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The Election Commission of India is an autonomous constitutional authority responsible for administering election processes in India. The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies in India, and the offices of the President and Vice President in the country. The Election Commission operates under the authority of Constitution per Article 324, and subsequently enacted Representation of the People Act.

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